• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.3-27
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• 2012

Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

• Journal of Agricultural Extension & Community Development
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• v.21 no.4
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• pp.1125-1147
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• 2014

This study was conducted to develop the health evaluation indicator of pond wetland in order to enhance the quality of eco-experience in rural area. The methods for development of evaluation indicator were consisted of 3 stages; 1st, the precedent assessment protocol was applied to 10 pond wetlands in farm villages, and eco-experience expert survey was conducted to selection the evaluation item and criteria at 2nd and 3rd stages. In the results of applying the precedent assessment protocol, we found out two problems; 1) the evaluation result of value determination and conservation value were too simple, and 2) the score by evaluation items were nearly the same, because evaluation criteria in not precisely for application in rural area. These results were reflected to expert survey. According to the 1st survey results, they suggested that 4 items should be maintained, and 3 items should be deleted, and 2 items should be modified among a total of 9 times. Therefore, it was modified into the evaluation protocol having a total of 8 items. According to the 2nd survey results, the selected evaluation items were generally proper. With regard to items for assessing the health condition of pond wetland, we selected a total of 8 items; (1) Connectivity to forest, (2) Connectivity between water body and wetland connection, (3) Number of Vegetation, (4) Surround land use, (5) Interspersion of Vegetation, (6) Crossing Structure, (7) Wetland size, and (8) Outlet structure. In addition, it was suggested that accessibility, visibility, and trash were need for utilization of pond wetland as a place for eco-experience. It is expected that the selected evaluation indicator can help to utilize the pond wetland as an eco-experience space in rural area, and maintain the pond wetland as a space for conservation of biodiversity.

• Journal of The Korean Association For Science Education
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• v.34 no.8
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• pp.731-744
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• 2014

Extracting students' own culture and resources as main sources in science class, we begin a research to explore teaching and learning settings that are more responsive to adolescents. This study has been designed to explore the funds of knowledge that students bring into middle school science class. It also focused on the features of teaching and learning settings that stimulated the autonomous inflow of students' funds of knowledge as resources of science learning. Data from participant observations and in-depth interviews with 7th grade students were qualitatively analyzed based on grounded theory. We found that students' funds of knowledge were formed from their family life, neighbor communities, peer group, and pop culture. The funds of knowledge based on peer culture emerged as the most salient factor of students' enhanced participation and utterance. Common features of classes that stimulated the inflow of funds of knowledge were analyzed to be: (1) hybrid spaces for learning designed in advance: (2) sharing and enlargement of the funds of knowledge that has been brought into the class: and (3) common orientation of the community of practice for knowledge co-construction and shared outcomes. From these findings, this paper discussed the educational implications for promoting students' potential resources to actual sources of science class. It also discussed students' development of participation specifically among the generally marginalized students. Science classes based on the funds of knowledge of students offer an increased possibility of knowledge co-construction through the hybridized interactions of student's everyday lives and science knowledge and lead to more meaningful learning experiences.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.103-125
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• 2020

This paper reviews the EU Case, Claudia Wegener v. Royal Air Maroc SA [2018] ECLI:EU:C:2018:361, Case C-537/17. It analyzes some issues as to Wegener case by examining EU Regulations and practical point of views. Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, entitled scope, provides: "this Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier." ECJ held that must be interpreted as meaning that Regulation (EC) No 261/2004 applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft. According to the Court, it is apparent from the regulation and case-law that when, as in the present case, two (or more) flights are booked as a single unit, those flights constitute a whole for the purposes of the right to compensation for passengers. Those flights must therefore be considered as one and the same connecting flight.

• Journal of the Korean Institute of Landscape Architecture
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• v.36 no.6
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• pp.81-90
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• 2009

This study seeks those elements that form a sense of place in Yen-Ben Street, which represents a typical ethnic enclave in Seoul, to provide a basic resource in the creation of an urban landscape that can provide a positive space for cultural diversity. The results of the study can be summarized as follows: First, the element of a physical environment that develops a sense of place was in fact the poor dwellings that correspond to the economic condition of Korean Chinese. While this element has a negative cognition to outsiders, Korean Chinese feel positively toward it. Secondly, signboards were a physical element of sense of place which retains cultural identity as a means of communication inside the community. Thirdly, it was found that activities such as shopping, recreation, and the exchange of information that are found in the pursuit of daily life act as an essential element in the formation of a sense of place even more than architectural elements. Fourthly, the appropriation of space by Korean Chinese and the isolation from the surroundings were obvious. This isolation is perceived as a negative sense of place formation to outsiders in Yen-Ben Street. Fifthly, the aspects of cultural dualism, mingling the concepts of home country, language, writing, and food have also affected the formation of a sense of place in the area. Sixthly, transience was a prominent phenomenon of Yen-Ben Street and is strengthened by illegal immigration. Although transience causes negative impacts such as in a lack of concern for the residential environment, it acts as a positive factor in the sense of place by mitigating uneasiness, and strengthening insider ties and cooperation.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• Journal of the Korean Institute of Landscape Architecture
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• v.45 no.6
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• pp.126-136
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• 2017

Gardeners have a desire to not only enjoy a garden but to create the garden themselves and play the role of garden designer. However, they express a great difficulty in gardening activities such as planting and managing plants, the main materials of the garden, due to lack of expertise. Therefore, in order to encourage hobby gardening activities, it is necessary to understand the preferences of the gardeners so that they can easily experience and create a garden, and to provide information on gardening know-how and preferred plants according to places given high preference. This study analyzed the preference for places and plants characteristics according to the purpose of creating a garden. To this end, a questionnaire survey was conducted with visitors to the Korea Landscape and Garden Expo, expected to have been attended primarily by gardening enthusiasts. As a result, gardeners were divided into three groups: appraisal - purposed type, multifunctional type, and participation - purposed type. The group of appraisal purposed type preferred porches and terraces, and private home front yards as well as favored indoor places rather than outdoor places compared with other types. In selecting plants, they prefer plants that can be easily managed in an indoor environment and appreciate natural colors through the colors of flowers and leaves. The multifunctional type group preferred a private home front yard as a garden creation space. Compared with the other types, it showed a high preference for 'unoccupied land in urban housing' and 'community garden' and was analyzed as a group having a high understanding of garden activities. In selecting plants, this group preferred fruit trees or productive plants such as homegrown crops. The participation purposed type group preferred porches and terraces as well as private home front yards as a gardening space. For plants, they preferred plants that are easy to manage. It is meaningful that this study provided preferences for places and plant characteristics according to the creative purpose of the gardener and provided basic data for selecting the place and the plant characteristics of the garden according to the gardener's type.

• Journal of Korean Tunnelling and Underground Space Association
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• v.21 no.1
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• pp.61-77
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• 2019

If a new utility tunnel is planned for high density existing urban areas in Korea, a rational decision-making process such as the determination of optimum design capacity by using the feasibility evaluation system based on quantitative evaluation indexes and the economic evaluation is needed. Thus, the previous study presented the important weight of individual higher-level indexes (3 items) and sub-indexes (16 items) through a hierarchy analysis (AHP) for quantitative evaluation index items, considering the characteristics of each urban type. In addition, an economic evaluation method was proposed considering 10 benefit items and 8 cost items by adding 3 new items, including the effects of traffic accidents, noise reduction and socio-economic losses, to the existing items for the benefit cost analysis suitable for urban utility tunnels. This study presented a quantitative feasibility evaluation method using the important weight of 16 sub-index items such as the road management sector, public facilities sector and urban environment sector. Afterwards, the results of quantitative feasibility and economic evaluation were compared and analyzed in 123 main road sections of the Seoul. In addition, a comprehensive evaluation method was proposed by the combination of the two evaluation results. The design capacity optimization program, which will be developed by programming the logic of the quantitative feasibility and economic evaluation system presented in this study, will be utilized in the planning and design phases of urban community zones and will ultimately contribute to the vitalization of urban utility tunnels.

• Korean Association of Arts Management
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• no.53
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• pp.127-151
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• 2020

In this study, the announced in 2010 was used to identify the flow of social value expansion on the culture and art education and to provide the future direction. In the context of culture and art education, cultural diversity is an important agenda, and thus the case of cultural diversity program by the National Museum of Contemporary Art was analyzed to discuss the social role of culture and art education. To summarize the findings, it is a program of promoting understanding on the diversity of art in the same period and various identifies of the members of our society through the exhibition of «Artist of the Year», and it is a program on cultural diversity of understanding the diversity and identity of various members in our society through the contemporary artwork. Through theme-based approach, education on cultural diversity and cooperative learning were applied to develop the sense of community. Based on the core values of education on cultural diversity, the contents of the education program on performed total of 80 times on 14 programs in 2017-2019 were analyzed. As a result, the analysis showed 9 core values, and the core values of education on cultural diversity derived through the content analysis of the education program on were ① Engagement, ② Conversation, ③ Citizenship, ④ Coexistence, ⑤ Human Rights, ⑥ Difference, ⑦ Equality, ⑧ Cooperation, ⑨ Solidarity. As the space enhancing the cultural engagement, the art museum is a place for realizing the value on cultural diversity, so it has significance as the space that embraces both cultural diversity and culture and art education. In this sense, it was identified that the discussion on the cultural diversity and culture and art education was being expanded into the perspective of various groups and communities in our society through the core values of engagement, conversation, citizenship, coexistence, human rights, difference, equality, cooperation, solidarity and direction, which were provided by the analysis of the contents on the art museum education program on cultural diversity in the National Museum of Contemporary Art.

• (The) Research of the performance art and culture
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• no.40
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• pp.111-136
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• 2020

Agricultural high schools are undergoing a change their name from the mid-1950s to the 2000s. Although it varies slightly depending on the case, it has been changed from 'rural forests' to 'agricultural farms' or 'agricultural industries' and 'life sciences high schools' in turn. In several aricultural high schools had managed Nongak Department(class), it's guarantees the continuity of Korea's traditional folk art. Examples include entertainment and farming in Honam region of Jeonju aricultural high School in North Jeolla Province, Geumsan aricultural high School in South Chungcheong Province, Gimcheon aricultural high School in North Gyeongsang Province. Therefore, the interpretation and significance of studies should follow. This method of Nongak education in modern school institutions is a new phenomenon in the history of Nongak after modern time, the emergence of a whole new pattern of professional entertainment Nongak after paving and Female-Nongak, as well as local traditional folk music. Education here was conducted in such a way that the best performers of the time were invited as guidance teachers among traditional folk artists. Thus, various local and professional music and entertainment were able to be promoted Apart from the social relations of delay, social progress, and economy, the education of farming and music, which consists of teachers and students in public schools, has provided an environment where unlimited freedom is allowed for art forms. In other words, the conditions for a new performance style experiment and creative fusion were met, and the foundation for the development of professional musical performers who had acquired individualized talents from previous generations was laid down in the context of the phenomenon of active stage music and theater performance of outstanding in the culture of Nongak. In other words, the Department of Agriculture and aricultural high school was a very free space compared to other communities' and economic community's agricultural music in social relationships bound by traditional cultural customs. This is why they have created a new style of performance through a new experiment and a different traditional performance repertoire, and their activities have led to a more stylistic expansion from traditional farming. More importantly, the figures who came across Agricultural Nongak department became the main experts of traditional Korean folk music nowdays. Thus, Nongak Department, operated by the Agriculture and Forestry High School, was a space where would give a very important meaning in terms of Nongak history.